Virginia SB 40: Line of Duty Act; eligible dependents.

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2020 SESSION

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CHAPTER 559 

An Act to amend and reenact � 9.1-400 of the Code of Virginia, 
relating to Line of Duty Act; coverage for a dependent born after the 
disability or death of an employee. 

[S 40] 

Approved March 31, 2020 

Be it enacted by the General Assembly of Virginia:

1. That � 9.1-400 of the Code of Virginia is amended and 
reenacted as follows:

� 9.1-400. Title of chapter; definitions.

A. This chapter shall be known and designated as the Line of 
Duty Act.

B. As used in this chapter, unless the context requires a 
different meaning:

"Beneficiary" means the spouse of a deceased person 
and such persons as are entitled to take under the will of a deceased person if 
testate, or as his heirs at law if intestate.

"Deceased person" means any individual whose death 
occurs on or after April 8, 1972, in the line of duty as the direct or 
proximate result of the performance of his duty, including the presumptions 
under �� 27-40.1, 27-40.2, 51.1-813, 65.2-402, and 65.2-402.1 if his position 
is covered by the applicable statute, as a law-enforcement officer of the 
Commonwealth or any of its political subdivisions, except employees designated 
pursuant to � 53.1-10 to investigate allegations of criminal behavior affecting 
the operations of the Department of Corrections, employees designated pursuant 
to � 66-3 to investigate allegations of criminal behavior affecting the 
operations of the Department of Juvenile Justice, and members of the 
investigations unit of the State Inspector General designated pursuant to � 
2.2-311 to investigate allegations of criminal behavior affecting the 
operations of a state or nonstate agency; a correctional officer as defined in 
� 53.1-1; a jail officer; a regional jail or jail farm superintendent; a 
sheriff, deputy sheriff, or city sergeant or deputy city sergeant of the City 
of Richmond; a police chaplain; a member of any fire company or department or 
emergency medical services agency that has been recognized by an ordinance or a 
resolution of the governing body of any county, city, or town of the 
Commonwealth as an integral part of the official safety program of such county, 
city, or town, including a person with a recognized membership status with such 
fire company or department who is enrolled in a Fire Service Training course 
offered by the Virginia Department of Fire Programs or any fire company or 
department training required in pursuit of qualification to become a certified 
firefighter; a member of any fire company providing fire protection services 
for facilities of the Virginia National Guard or the Virginia Air National 
Guard; a member of the Virginia National Guard or the Virginia Defense Force 
while such member is serving in the Virginia National Guard or the Virginia 
Defense Force on official state duty or federal duty under Title 32 of the 
United States Code; any special ag